ECS
From the ECS State Policy Database
2008 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2008. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
+ Accountability
+ Accountability--Measures/Indicators
+ Accountability--Reporting Results
+ Accountability--Sanctions/Interventions
+ Accountability--Sanctions/Interventions--No Pass No Drive
+ Accountability--Sanctions/Interventions--No Pass No Play
+ Accountability--Sanctions/Interventions--Takeovers
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
+ Assessment--Accommodations
+ Assessment--Computer Based
+ Assessment--End-of-Course
+ Assessment--Formative/Interim
+ Assessment--High Stakes/Competency
+ At-Risk (incl. Dropout Prevention)
+ At-Risk (incl. Dropout Prevention)--Alternative Education
+ At-Risk (incl. Dropout Prevention)--Drugs/Alcohol
+ Attendance
+ Attendance--Truancy
+ Background Checks
+ Bilingual/ESL
+ Business Involvement
+ Career/Technical Education
+ Career/Technical Education--Career Academies/Apprenticeship
+ Choice of Schools--Charter Schools
+ Choice of Schools--Charter Schools--Finance
+ Choice of Schools--Charter Schools--Research
+ Choice of Schools--Choice/Open Enrollment
+ Choice of Schools--Innovation Schools
+ Choice of Schools--Magnet or Specialized Schools
+ Choice of Schools--Tax Credits
+ Choice of Schools--Vouchers
+ Civic Education
+ Civic Education--Character Education
+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ Curriculum--Alignment
+ Curriculum--Arts Education
+ Curriculum--Drivers Education
+ Curriculum--Environmental Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Health/Nutrition Education
+ Curriculum--International Education
+ Curriculum--Language Arts
+ Curriculum--Mathematics
+ Curriculum--Multicultural
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Demographics--Condition of Children/Adults
+ Demographics--Enrollments
+ Desegregation
+ Economic/Workforce Development
+ Education Research
+ Equity
+ Federal
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--Aid to Private Schools
+ Finance--Bonds
+ Finance--District
+ Finance--Equity
+ Finance--Facilities
+ Finance--Federal
+ Finance--Funding Formulas
+ Finance--Local Foundations/Funds
+ Finance--Lotteries
+ Finance--Resource Efficiency
+ Finance--State Budgets/Expenditures
+ Finance--Student Fees
+ Finance--Taxes/Revenues
+ Finance--Taxes/Revenues--Alternative Revenues
+ Governance
+ Governance--Deregulation/Waivers/Home Rule
+ Governance--Ethics/Conflict of Interest
+ Governance--School Boards
+ Governance--School Boards--Training
+ Governance--Site-Based Management
+ Governance--State Boards/Chiefs/Agencies
+ Health
+ Health--Child Abuse
+ Health--Mental Health
+ Health--Nutrition
+ Health--School Based Clinics or School Nurses
+ Health--Suicide Prevention
+ Health--Teen Pregnancy
+ High School
+ High School--Advanced Placement
+ High School--College Readiness
+ High School--Dropout Rates/Graduation Rates
+ High School--Dual/Concurrent Enrollment
+ High School--Exit Exams
+ High School--GED (General Education Development)
+ High School--Graduation Requirements
+ High School--International Baccalaureate
+ Instructional Approaches--Grading Practices
+ Instructional Approaches--Homeschooling
+ Instructional Approaches--Single-Sex Education
+ Integrated Services/Full-Service Schools
+ Leadership
+ Leadership--District Superintendent
+ Leadership--Principal/School Leadership--Certification and Licensure
+ Leadership--Principal/School Leadership--Compensation and Diversified Pay
+ Leadership--Principal/School Leadership--Evaluation and Effectiveness
+ Leadership--Principal/School Leadership--Preparation
+ Middle School
+ Minority/Diversity Issues
+ Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian
+ No Child Left Behind
+ No Child Left Behind--Adequate Yearly Progress
+ No Child Left Behind--Assessment
+ No Child Left Behind--Choice/Transfer
+ No Child Left Behind--Consequences for Schools
+ No Child Left Behind--Finance
+ No Child Left Behind--School Support
+ No Child Left Behind--Special Populations
+ No Child Left Behind--Supplemental Services
+ Online Learning--Digital/Blended Learning
+ Online Learning--Virtual Schools/Courses
+ P-16 or P-20
+ P-3
+ P-3 Child Care
+ P-3 Early Intervention (0-3)
+ P-3 Ensuring Quality
+ P-3 Evaluation/Economic Benefits
+ P-3 Family Involvement
+ P-3 Finance
+ P-3 Governance
+ P-3 Grades 1-3
+ P-3 Kindergarten
+ P-3 Kindergarten--Full Day Kindergarten
+ P-3 Preschool
+ P-3 Teaching Quality/Professional Development
+ Parent/Family
+ Parent/Family--Parent Rights
+ Partnerships--University/School
+ Postsecondary
+ Postsecondary Accountability
+ Postsecondary Accountability--Accreditation
+ Postsecondary Accountability--Diploma Mills
+ Postsecondary Affordability--Financial Aid
+ Postsecondary Affordability--Tuition/Fees
+ Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans
+ Postsecondary Affordability--Tuition/Fees--Undocumented Immigrants
+ Postsecondary Faculty
+ Postsecondary Faculty--Compensation
+ Postsecondary Finance
+ Postsecondary Governance and Structures
+ Postsecondary Institutions--Community/Technical Colleges
+ Postsecondary Institutions--For-Profit/Proprietary
+ Postsecondary Institutions--Private/Independent
+ Postsecondary Online Instruction
+ Postsecondary Participation--Access
+ Postsecondary Participation--Admissions Requirements
+ Postsecondary Participation--Affirmative Action
+ Postsecondary Participation--Outreach
+ Postsecondary Students--Foster Youth
+ Postsecondary Students--Graduate/Professional
+ Postsecondary Students--Military
+ Postsecondary Students--Minority
+ Postsecondary Success--Completion--Completion Rates (Statistics)
+ Postsecondary Success--Developmental/Remediation
+ Postsecondary Success--Transfer/Articulation
+ Private Schools
+ Privatization
+ Promotion/Retention
+ Public Involvement
+ Reading/Literacy
+ Religion
+ Religion--Scientific Creationism (Evolution)
+ Rural
+ Scheduling/School Calendar
+ Scheduling/School Calendar--Day/Class Length
+ Scheduling/School Calendar--Extended Day Programs
+ Scheduling/School Calendar--Summer School
+ Scheduling/School Calendar--Week
+ Scheduling/School Calendar--Year
+ School Safety
+ School Safety--Bullying Prevention/Conflict Resolution
+ School Safety--Code of Conduct
+ School Safety--Corporal Punishment
+ School Safety--Disaster/Emergency Preparedness
+ School Safety--Expulsion/Suspension
+ School Safety--No Child Left Behind--Safe Schools
+ School Safety--Sexual Harassment and Assault
+ School Safety--Special Education
+ School/District Structure/Operations
+ School/District Structure/Operations--District Consolidation/Deconsolidation
+ School/District Structure/Operations--Facilities
+ School/District Structure/Operations--Food Service
+ School/District Structure/Operations--Libraries
+ School/District Structure/Operations--Personnel (Non-Teaching)
+ School/District Structure/Operations--Shared Services
+ School/District Structure/Operations--Transportation
+ Service-Learning
- Special Education
NYAdopted 10/2008P-12Adds a new section to establish a dispute resolution mechanism for costs for special education services provided to a non-resident student with a disability who is parentally placed in a nonpublic school.
Title: Title 8 NYCRR Section 177.2
Source: Lexis-Nexis/StateNet

CAVetoed 09/2008P-12Establishes the State Autism Spectrum Disorder Clearinghouse within the State Department of Education to provide evidence-based resources, research materials, information and practices regarding the education of pupils with autism spectrum disorders. Requires the Superintendent of Public Instruction to convene an oversight committee to represent the major stakeholders responsible for education of pupils with autism spectrum disorders and to perform other related duties. Allows solicitation of donations.
http://www.assembly.ca.gov/acs/acsframeset2text.htm
Title: A.B. 1872
Source: http://www.assembly.ca.gov

FLAdopted 09/2008P-12Amends rule to address the Sunshine State Standards math access points for students with significant cognitive disabilities.

Sunshine State Standards for Special Diploma as incorporated by reference in paragraph (1)(h) of this rule describe what certain students with a disability should be able to do at three (3) proficiency levels (independent, supported, and participatory). Public schools shall provide appropriate instruction to assist students in the achievement of these standards.
https://www.flrules.org/gateway/readFile.asp?sid=0&tid=6139826&type=1&file=6A-1.09401.doc

Title: FAC 6A-1.09401
Source: https://www.flrules.org/

NYSigned into law 09/2008P-12Requires the Commissioner of Mental Retardation and Developmental Disabilities to notify the Committee on Special Education, multidisciplinary team, or social services official that submitted a report on a mentally retarded or developmentally disabled child requesting adult services when the commissioner determines that such services are not required; requires such notice to provide the reasons for such determination. Provides that if such determination is not acceptable to the child's parent or guardian, such person may appeal the determination. http://assembly.state.ny.us/leg/?bn=A09225&sh=t
Title: A.B. 9225
Source: Lexis-Nexis/StateNet

NYSigned into law 09/2008P-12Provides that members of committees on special education may provide parents of a child with a disability with a list of programs and services available outside the school setting. Provides that the list must clearly state that such services are in addition to services provided by a school district and will not be paid for by the district. http://assembly.state.ny.us/leg/?bn=S07981&sh=t
Title: S.B. 7981
Source: assembly.state.ny.us

CASigned into law 08/2008P-12Amends existing law that creates a state council on developmental disabilities appointed by the Governor. Requires that the state council include a representative from each of the university centers for excellence, thus increasing the council membership. Allows the head of certain state departments and agencies or their designees to serve on the council. Chapter 419
http://www.senate.ca.gov/acs/acsframeset2text.htm
Title: S.B. 1774
Source: http://www.senate.ca.gov/

ILSigned into law 08/2008P-12Amends the School Code and the Juvenile Court Act of 1987. Distinguishes funding provisions for students in residential programs who are not eligible for special education services and funding provisions for students with disabilities who are in residential programs. Provides that legislation relating to students in residential programs who are not eligible for special education services shall not be construed to relieve the student's resident district of financial responsibility based on the manner in which the student was placed at the facility.

Provides that when a dispute arises over the determination of the student's district of residence, any person or entity, including a school district or residential facility, may make a written request for a residency decision to the state superintendent, who must issue his or her decision in writing. Provides that the decision of the state superintendent is final.

Repeals certain provisions relating to the payment and reimbursement of costs associated with a disabled student placed in residential facilities by a public agency or court. Creates new section 105 ILCS 5/14-7.05 related to the payment of, and dispute resolution over, costs associated with a student with a disability in a residential facility placement. Provides the school district of residency is responsible for and must be reimbursed for the costs of educating the child. http://www.ilga.gov/legislation/95/SB/PDF/09500SB2042lv.pdf
Title: S.B. 2042
Source: www.ilga.gov/legislation

ILSigned into law 08/2008P-12Repeals the Professional Development Block Grant. Amends requirements related to annual census for special education, such that census must include students age 3 to 21 (rather than birth to 21) receiving special education services. Eliminates requirement that state board of education annually report on "children of non English background" receiving special education services. Eliminates provision authorizing the state board to provide matching grants to districts to support technology-related investments. Eliminates provision directing the state board to adopt rules for the administration of the School Technology Program.

Authorizes student biometric information to be destroyed without notification to or the approval of a local records commission within 30 days after use of the information is discontinued due to student graduation, withdrawal, or a written request from the individual having legal custody of a student.

Establishes circumstances under which a district may levy a tax or issue bonds for facilities alteration or reconstruction. Adds provision requiring that summer session costs be reimbursed based on the actual expenditures for providing these services.

Deletes certain provisions related to clock hour requirements for teachers' continuing education units.

Authorizes school student records to be released, transferred or disclosed to the state board or another state government agency or among state government agencies to evaluate or audit federal and state programs or perform research and planning, but only to the extent that the release, transfer, disclosure, or dissemination is consistent with the federal FERPA (Family Educational Rights and Privacy Act).

Authorizes the Illinois Mathematics and Science Academy to develop additional campuses throughout the state, but specifies that any additional campus does not need to serve as a residential institution. Adds to the board of trustees of the Illinois Mathematics and Science Academy to include the superintendent of the district where each campus is located.

Abolishes the board of trustees of the Illinois Summer School for the Arts on the effective date of this legislation. Transfers to the state board of education all of the board of trustees' powers, duties, assets, liabilities, employees, contracts, property, records, pending business, and unexpended appropriations.

Repeals 105 ILCS 420, the Council on Vocational Education Act and 105 ILCS 423, the Occupational Skill Standards Act. Eliminates provision requiring the state board of education's annual report on vocational education to include recommendations on programs and policies to overcome sex bias and sex stereotyping in vocational education programming and an assessment of the state's progress in achieving such goals prepared by the state vocational education sex equity coordinator pursuant to the Federal Vocational Education Law.

Requires a school enrolling a student to make a copy of the student's certified birth certificate and return the original to the person enrolling the child. Provides that once a school has received a certified copy of the child's birth certificate, the school need not request another such certified copy with respect to that child for any
other year in which the child is enrolled in that school.
http://www.ilga.gov/legislation/95/SB/PDF/09500SB2482lv.pdf
Title: S.B. 2482
Source: www.ilga.gov/legislation

NCSigned into law 08/2008P-12Requires the State Board of Education and Department of Health and Human Services to determine responsibility for children with disabilities placed in private psychiatric residential treatment facilities by public agencies other than local educational agencies.
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/PDF/H2306v0.pdf
Title: H.B. 2306
Source: http://www.ncga.state.nc.us

NYSigned into law 08/2008P-12Requires that each certified school administrator or supervisor assigned on or after September 2, 2009 to be a special education administrator be provided with enhanced training in the needs of autistic children. Requires individuals serving as special education administrators to complete such training by September 2, 2009. Provides that such training may be included in the professional development provided by the school district or board of cooperative education services to such administrators and supervisors. http://assembly.state.ny.us/leg/?bn=S08497&sh=t
Title: S.B. 8497
Source: assembly.state.ny.us

NYAdopted 08/2008P-12Conforms certain rules to the Individuals with Disabilities Education Act, ensures that chairpersons of committees on special education are appropriately qualified, and establishes procedures for when a district receives a request for referral of a student for an initial evaluation for special education. Adopted as published in February 20 register, pp 3-6 of 35: http://www.dos.state.ny.us/info/register/2008/feb20/pdfs/rules.pdf
Title: Title 8 NYCRR Sections 177.1, 200.1, 200.3-200.7, 200.16, 201.11
Source: Lexis-Nexis/StateNet

CASigned into law 07/2008P-12Amends existing law that requires the parent of a pupil be given, in writing, a proposed assessment plan within a specified time frame of the referral of the pupil for assessment for the development or revision of an individualized education program and a copy of the parent's or guardians rights be attached to the plan. Requires the copy of the notice of parent rights include information regarding the state special schools for pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind. Chapter 245
http://www.assembly.ca.gov/acs/acsframeset2text.htm
Title: A.B. 2555
Source: http://www.assembly.ca.gov

LASigned into law 07/2008P-12By January 30, 2009, requires the state board to implement a pilot program to provide universal screening of students in grades prekindergarten through 3 for dyslexia and related disorders. Provides that if no monies are appropriated in the 2008-2009 fiscal year for the pilot program, the board must begin development and implementation of the pilot program in any subsequent fiscal year in which monies are appropriated for such purpose. Provides that remediation and intervention strategies provided to address a need identified during the screening must, to the extent possible, utilize a multi-tiered model structured to provide research-based instruction in a general education setting. Requires an external evaluation of the pilot program to be conducted at the end of the first full year of the pilot program. Requires an interim report to be submitted to the house and senate education committees by August 15, 2009, and a final report, including a determination of whether the program should be implemented on a statewide basis, by March 15, 2010. http://www.legis.state.la.us/billdata/streamdocument.asp?did=501774
Title: S.B. 719
Source: www.legis.state.la.us

MASigned into law 07/2008P-12
Postsec.
Community College
Provides for maintaining transition age requirements and measurable postsecondary goals for school age students with disabilities.
http://www.mass.gov/legis/bills/senate/185/st00/st00286.htm
Title: S.B. 286
Source: http://www.mass.gov/l

NCSigned into law 07/2008P-12Amends the definition of educational services for students with disabilities; amends the law to allow a designee or designees of a student's Individual Education Plan team to evaluate the continued appropriateness of homebound instruction for discipline purposes for students with disabilities as recommended by the Joint Legislative Education Oversight Committee; adds a protection for children not determined eligible for special education.
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H12v4.html
Title: H.B. 12
Source: http://www.ncga.state.nc.us

NHSigned into law 07/2008P-12Revises the procedures for delivery of special education services by school districts and other agencies; requires a law enforcement agency officer who suspects a minor has a disability, to notify an administrator of the school district and administrator, if appropriate, will refer the minor for evaluation; provides for administrative due process hearings; relates to children in needs of services, delinquent children, the Child Protection Act, school attendance and education of children placed in homes.
http://www.gencourt.state.nh.us/legislation/2008/HB0679.html
Title: H.B. 679
Source: http://www.gencourt.state.nh.us

NHSigned into law 07/2008P-12Establishes a committee to study the financial liability for placement of a child with a disability; provides for the powers and duties of the committee.
http://www.gencourt.state.nh.us/legislation/2008/HB0765.html
Title: H.B. 765
Source: http://www.gencourt.state.nh.us

NHSigned into law 07/2008P-12Revises numerous statutes relating to special education; expands, updates, and clarifies definitions; expands the duties of the Department of Education; establishes duties of correctional facilities; provides for monitoring of special education programs and authorizes corrective action; authorizes state aid for out-of-district placement; revises various provisions related to appointment of a surrogate parent, children with disabilities in state facilities, and the Medicaid to Schools Program.
http://www.gencourt.state.nh.us/legislation/2008/HB0766.html
Title: H.B. 766
Source: http://www.gencourt.state.nh.us

NYSigned into law 07/2008P-12Provides that solely for purposes of providing services to special education students and the computation of state aid, a student with disabilities in a homeschool program must be considered a nonpublic school student eligible to receive services as such, provided the student has an individualized home instruction plan that the local superintendent has determined to be in compliance with state regulations. States that except as provided above, a home school is not to be considered a nonpublic school. http://assembly.state.ny.us/leg/?bn=A11463&sh=t
Title: A.B. 11463
Source: assembly.state.ny.us

NYVetoed 07/2008P-12Requires school districts to provide information to parents of blind and deaf students regarding programs and institutions administered by the state. http://assembly.state.ny.us/leg/?bn=A09511&sh=t
Title: A.B. 9511
Source: Lexis-Nexis/StateNet

RISigned into law 07/2008P-12Excerpt: (b) Notwithstanding any other federal or state law or regulation, the school committee where a parentally placed child who has or develops a disability in private school resides, shall provide the child with the same free and appropriate education as it provides to children in public schools. These children shall have the same rights and remedies in the regulations of the board of regents for elementary and secondary education governing the education of children with disabilities as children in public school relative to initially determining eligibility, implementation and/or any other rights and remedies relative to any special education services the child may be eligible or receive from the public school district.
     (c) For the purpose of this statute, a parentally placed child who has or develops a disability in private school is defined as a child enrolled or placed in a private school by the
unilateral decision of his or her parents and without consolation of the public school district, who either has, or at some point while at the private school is diagnosed with a learning disability. Parents who unilaterally enroll their child in a private school are required to pay the tuition costs related to the child's education that are unrelated to the child's disability, and the public school district where the child resides is responsible for payment of the services related to the child's disability as developed and determined in the child's individual education plan.Clarifies the responsibilities of a municipality in regard to the education of children with special needs, along with responsibilities regarding the provision of a free and appropriate public education to those special needs students whose parents place them in a private school; relates to tuition costs; includes preschool.
http://www.rilin.state.ri.us/PublicLaws/law08/law08141.htm
Title: H.B. 7715
Source: http://www.rilin.state.ri.us

CTSigned into law 06/2008P-12Concerns special education and instructional methods concerning autism and other developmental disabilities; requires the development and use of instructional methods for parents and teachers of children with autism and other developmental disabilities; relates to a state-wide plan to incorporate methods of teaching; includes school readiness programs.
http://www.cga.ct.gov/2008/ACT/sa/pdf/2008SA-00005-R00HB-05590-SA.pdf
Title: H.B. 5590
Source: http://www.cga.ct.gov/

FLSigned into law 06/2008P-12
Postsec.
Community College
Relates to charter schools, the Scholarships for Students with Disabilities Program, postsecondary education, school attendance, and high school graduation requirements; revises the terminology used to identify students with intellectual, emotional, or behavioral disabilities; relates to postsecondary education; deletes a provision that prohibits direct medical or pharmaceutical intervention in a regional autism center.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1313er.xml&DocumentType=Bill&BillNumber=1313&Session=2008
Title: H.B. 1313
Source: http://www.myfloridahouse.gov/default.aspx

HISigned into law 06/2008P-12Establishes a power of attorney for adult special education students. Provides a process for revocation of the power of attorney for special education. Establishes the process to appoint an educational representative for an adult student who lacks capacity to provide informed consent, and for the reconsideration of the need for an educational representative if the adult student appears to have regained decisional capacity. Clarifies the authority of a guardian of an adult student. Sets forth the duties and roles of the agent and educational representative. http://www.capitol.hawaii.gov/session2008/Bills/SB2879_CD1_.htm
Title: S.B. 2879
Source: www.capitol.hawaii.gov

HISigned into law 06/2008P-12Extends the deadline within which to file a request for a due process hearing relating to the education of a child with a disability from ninety days to two years when the request is for reimbursement of costs of a child's placement. Provides that no later than 20 days prior to the convening of each regular session of the legislature, the department must submit a report indicating the total number of requests for a due process hearing relating to the reimbursement of costs for a child's placement filed by a parent or guardian of a child with a disability.

Requires the department to exercise oversight and monitoring of any child who has undergone unilateral special education placement as soon as practicable after the placement. http://www.capitol.hawaii.gov/session2008/Bills/SB2004_CD1_.htm
Title: S.B. 2004
Source:

LASigned into law 06/2008P-12Provides for comprehensive revision of the educational opportunities for children with exceptionalities provisions. The following are the major changes, as set forth in the digest (http://www.legis.state.la.us/billdata/streamdocument.asp?did=488156) of the reengrossed bill:

(1) Shortens current language; retains the requirement that the state and local education agencies must provide a free appropriate public education to students with disabilities ages 3-21.
(2) Adopts the definitions used in federal law (IDEA) except for those listed, "student with an exceptionality", "service agency", "local education agency", "and resident". The definition of "student with an exceptionality" mirrors the federal definition but retains
"gifted/talented".
(3) Provides that proposed law must be administered by the state department of education, with the approval of the state board of elementary and secondary education. Provides for a mechanism to ensure that interagency coordination occurs among state and local agencies. Emphasizes that local education agencies may use Medicaid and other sources of public insurers to provide services.
(4) Requires local education agencies to have in effect policies, procedures and programs to provide special education that are consistent with state policies and procedures. Allows the provision of services to children less than three years of age. Prohibits more than a three-year chronological age span in a class. Allows for the local education agencies to establish programs in concert with other local education agencies in order to pool resources. Requires that the local education agency provide transportation even when a cooperative endeavor between two local education agencies is necessary to provide special education services.
(5) Requires the state department of education to operate one or more residential schools for the education of students with hearing, visual, or orthopedic impairments and adopt regulations necessary to implement proposed law, including admission and placement requirements. Establishes the special school district to provide special education to students enrolled in any state-operated facility as a resident.
(6) Requires the state department of education and local education agencies to establish and maintain regulations and procedures to ensure that parents and children are afforded procedural safeguards, including but not limited to the right of a parent or agency to initiate a request for due process hearing. Limits liability to employees of school systems who render certain services. Defines confidentiality of information during mediation and individualized education program facilitation.
(7) States that local education agencies must provide special education and related services to children who are within the geographical boundaries of the local education agency; however, the local education agency must pay the costs only for such children who are residents therein. Provides that for a child living in a private residential facility in the state who is not a resident of the state or in the legal custody of a state agency, the local
education agency must provide the services and must be reimbursed by the residential facility. Requires the state to fund services for students in the special school
district and the special schools. Allows the state department of education and local education agencies to enter into purchase of service agreements or contracts to provide special education services.
Bill text: http://www.legis.state.la.us/billdata/streamdocument.asp?did=495696
Title: H.B. 1053
Source: www.legis.state.la.us

MOAdopted 06/2008P-12Proposes to move rules from the Office of Administration to the Department of Elementary and Secondary Education. Allows the council to establish interest rates and maximum loan amounts that meet the needs of consumers in the Assistive Technology Loan Program.
www.sos.mo.gov/adrules/csr/current/4csr/4c110.pdf
Title: 5 CSR 110-1.020
Source: www.sos.mo.gov

NHSigned into law 06/2008P-12Establishes the Council on Autism Spectrum Disorders to coordinate supports and services for individuals and their families; states that the duties of the council include providing information to families and persons with such disorders, collaborating with schools and other systems to identify exemplary services and promote successful practices, providing mediation to ensure that persons with such disorders receive appropriate support, and increasing resources for such individuals by accessing grants.
http://www.gencourt.state.nh.us/legislation/2008/HB1634.html
Title: H.B. 1634
Source: http://www.gencourt.state.nh.us

OKSigned into law 06/2008P-12Relates to schools; requests the Regional University System of Oklahoma to establish a comprehensive autism training program at the University of Central Oklahoma to provide statewide leadership in training of post graduate and post baccalaureate behavior therapists to deliver research based intervention services to children with autistic spectrum disorders; provides for training for resident teachers of students in early childhood programs to provide minimum awareness of characteristics of such children.
http://www.sos.state.ok.us/documents/Legislation/51st/2008/2R/SB/2037.pdf
Title: S.B. 2071
Source: http://www.sos.state.ok.us

KSSigned into law 05/2008P-12Provides that a student enrolled in a district and attending both a non-virtual school and a virtual school must be counted as that proportion of one pupil (to the nearest one-tenth) that the student's attendance at the non-virtual school bears to full-time attendance. Provides that a student enrolled in a district and attending special education and related services and also attending a virtual school must be counted as that proportion of one pupil (to the nearest one-tenth) that the student's attendance at the non-virtual school bears to full-time attendance.

Repeals and replaces definition of virtual school.

Repeals and replaces K.S.A. 72-6455 regarding each district's high density at-risk pupil weighting. Creates new section for districts with enrollments of at least 40% but less than 50% at-risk students. Provides that each eligible district's medium density at-risk pupil weighting must be determined by the state board by multiplying the number of at-risk pupils by .06. Provides that if a school district becomes ineligible for medium density at-risk pupil weighting because enrollment of at-risk pupils in the district falls below the minimum threshold, the medium density at-risk pupil weighting of the district must be the greater of: (1) The medium density at-risk pupil weighting in the current school year; (2) the medium density at-risk pupil weighting in the prior school year; or (3) the average of the
medium density at-risk pupil weighting in the current school year and the preceding two school years. Provides that the medium density at-risk pupil weighting provisions expire on June 30, 2011.

Establishes the special education funding task force, and requires the first meeting of the task force to be held on or before August 1, 2008. Directs the special education funding task force to:
(1) Study and make recommendations for changes in the existing formula for funding of special education and related services including medicaid replacement state aid
(2) Conduct hearings and receive and consider suggestions from teachers, parents, the department of education, the state board of education, other governmental officers and agencies and the general public concerning funding for special education and related services
(3) Make and submit reports to the legislature on the work of the task force concerning recommendations of the task force. Provides that such reports must also include recommendations for legislative changes and must be submitted to the legislature before the start of each year's legislative session.
Provides that the task force shall cease to exist on June 30, 2011.

Establishes new section regarding medicaid replacement state aid. Directs the state board to designate a portion of the special education services state aid appropriation as medicaid replacement state aid. Provides that the amount so designated may not exceed $9,000,000 in any school year. Provides that each school district is entitled to medicaid replacement state aid. Provides a formula for calculating each district's medicaid replacement state aid.

Repeals and replaces K.S.A. 72-6445a regarding state financial aid for any district formed by consolidation
http://www.kslegislature.org/bills/2008/531.pdf
Title: S.B. 531
Source: www.kslegislature.org

NJSigned into law 05/2008P-12
Postsec.
Enacts Alicia's Law, permits a student whose high school special education program requires instruction beyond four years to participate with his or her class in that classes graduation ceremony and to receive a certificate of attendance.
http://www.njleg.state.nj.us/2008/Bills/S0500/442_R1.PDF
Title: S.B. 442
Source: http://www.njleg.state.nj.us/

OKSigned into law 05/2008P-12Relates to transfers for children with disabilities; provides that beginning with the 2008-2009 school year, a transfer granted for a child with a disability to another school district must automatically be renewed for three consecutive years; requires the district in which the child resides to continue to pay tuition.
http://webserver1.lsb.state.ok.us/2007-08bills/HB/HB2518_ENR.RTF
Title: H.B. 2518
Source: Lexis-Nexis/StateNet

COSigned into law 04/2008P-12Allows an administrative unit to use no more than a specified percentage of the funding it receives under the Exceptional Children's Educational Act to provide early intervening services to students; requires that administrative units report information to the Department of Education on the number of students receiving early intervening services; directs the state board of education to determine the activities and programs, and the associated expenses, that qualify as early intervening services.
http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/BCF7B63FBB2406D0872573680054F143?open&file=089_enr.pdf
Title: S.B. 89
Source: http://www.leg.state.co.us/

MDSigned into law 04/2008P-12Requires county boards of education to ensure that students with disabilities have certain opportunities in specified physical education and certain athletic programs; provides for certain exceptions to these requirements; requires county school systems to provide specified accommodations; requires county school systems to develop specified programs, policies, and procedures; requires county school systems to provide opportunities meeting specified criteria to students.
http://mlis.state.md.us/2008rs/bills/hb/hb1411t.pdf
Title: H.B. 1411; S.B. 849
Source: http://mlis.state.md.us/

MESigned into law 04/2008P-12Requires the Department of Education and the Department of Health and Human Services to convene an interdepartmental work group to develop and establish a uniform statewide protocol for screening young children for signs of autism, examine models that meet criteria for evidence-based clinical trials to support individual young children with the diagnosis of autism served through the Child Development Services System and to examine the interdepartmental system for capacity and service availability.
http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280027469&LD=1977&Type=1&SessionID=7
Title: S.B. 771
Source: http://janus.state.me.us/legis/

NESigned into law 04/2008P-12At the request of 1 a parent or guardian, a school district is to issue a certificate of attendance to a student who receives special education services, who has reached seventeen years of age, and who has not completed his or her individualized education plan. Requires districts to allow a student who receives a certificate of attendance under this section to participate in the high school graduation ceremony of such high school with students receiving high school diplomas. A student may receive only one certificate of attendance and may participate in only one graduation ceremony based on such certificate. The receipt of a certificate of attendance does not affect a school district's obligation to continue to provide special education services to a student receiving such certificate. Does not preclude a student from receiving a high school diploma by meeting the school district's graduation requirements or in his or her individualized education plan or receiving a diploma of high school equivalency upon completing the requirements of such section. The school district may allow a student who has previously participated in a graduation ceremony based on a certificate of attendance to participate in an additional graduation ceremony when such student receives a high school diploma.

For school year 2008-09, any early childhood education program established by a school board or an educational service unit that is not receiving a grant or funding through the Tax Equity and Educational Opportunities Support Act may enroll children who meet the age requirements to be enrolled in kindergarten.
http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Final/LB1153.pdf
Title: L.B. 1153
Source: http://uniweb.legislature.ne.gov

ILAdopted 03/2008P-12Emergency rule (expires 8-18-08) includes a new provision expressly prohibiting the "use of a behavioral intervention strategy relying upon pain as an intentional
method of control" by any program operated at a facility serving students with disabilities. Requires every contract provider of special education services to maintain a written policy indicating that the use of behavioral intervention strategies that rely upon pain as an intentional method of control will not be applied to any student
Pages 443 and 445 of 454: http://www.ilsos.net/departments/index/register/register_volume32_issue14.pdf
Title: 23 IAC 401.10, .30, .210
Source:

MESigned into law 03/2008P-12Directs the Department of Education to amend its rules governing special education to provide a deadline of 45 school days for the completion of an evaluation.
http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280027483&LD=1949&Type=1&SessionID=7
Title: H.B. 1387
Source: http://janus.state.me.us/house/

MSSigned into law 03/2008P-12
Postsec.
Amends portions of the Blind Persons' Literacy Rights and Education Act. Relates to requirements for for the development of an individualized education plan.
http://billstatus.ls.state.ms.us/documents/2008/pdf/HB/0600-0699/HB0638SG.pdf
Title: H.B. 638
Source: http://billstatus.ls.state.ms.us

TNSigned into law 03/2008P-12Changes the required training regulations for special education mediators and administrative law judges who conduct due process hearings.Training is currently funded through Individuals with Disabilities Act (IDEA) federal funds. Forty hours of training is currently provided. Removal of this provision could result in a reduction in training hours resulting in a shift of IDEA funds to other special education programs and a decrease in state expenditures estimated to be not significant.
http://www.legislature.state.tn.us/bills/currentga/BILL/SB3642.pdf
Title: S.B. 3642
Source: http://www.legislature.state.tn.us

VASigned into law 03/2008P-12Adds public entities, including schools, to the list of public places in which persons with disabilities are entitled to the same full and free rights as other persons.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB214ER
Title: H.B. 214
Source: http://leg1.state.va.us

WASigned into law 03/2008P-12
Postsec.
Every October, public schools and postsecondary institutions must conduct or promote educational activities that provide instruction, awareness and understanding of disability history and persons with disabilities.
http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/6313.SL.pdf
Title: S.B. 6313
Source: http://www.leg.wa.gov/legislature

WASigned into law 03/2008P-12The Center for the Improvement of Student Learning (CISL) and the education ombudsman are directed to identify strategies to improve the academic success rates of students with disabilities. The CISL is also directed to provide best practices and information on programs to assist students with disabilities.

Also, when reporting results on the Washington assessment of student learning (WASL), the office of the superintendent must provide results that are disaggregated by at least: White, Black, Hispanic, American Indian/Alaska Native, Asian, Pacific Islander/Hawaiian Native, low income, transitional bilingual, migrant and special education.
http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/3212-S.SL.pdf
Title: H.B. 3212
Source: http://www.leg.wa.gov/legislature

WASigned into law 03/2008P-12School districts must allow the children of full-time classified and certificated employees to enroll in a district that offers early education intervention services for special education students, provided that the child qualifies for such services.
http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/2137.SL.pdf
Title: H.B. 2137
Source: http://www.leg.wa.gov/legislature

WVSigned into law 03/2008P-12Gives authority to certain aides to exercise control over students; expands the classifications of service personnel to include paraprofessionals, interpreters and aides providing one-on-one services to students with exceptionalities as required by the students' individualized education programs for which transfers during the instructional term are limited.
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4478%20ENR.htm
Title: H.B. 4478
Source: www.legis.state.wv.us

SDVetoed 02/2008P-12Requires the Department of Education and the Board of Regents to establish programs and policies for children who are deaf and hard-of-hearing.
http://legis.state.sd.us
Title: H.B. 1242
Source: http://legis.state.sd.us

MISigned into law 01/2008P-12Addresses several special education policies and requirements, including student learning plans, transportation, personnel, funding, placement, reporting, etc.
http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2008-PA-0001.pdf
Title: S.B. 730 (sec. 1701)
Source: http://www.legislature.mi.gov/

NJSigned into law 01/2008P-12Places the burden of proof and burden of production on school districts in due process hearings conducted to resolve special education issues; codifies the practice.
http://www.njleg.state.nj.us
Title: A.B. 4076
Source: http://www.njleg.state.nj.us

NJSigned into law 01/2008P-12Establishes the Council on Out-of-State Placement of Children and the registry of qualified out-of-State residential schools and programs in Department of Human Services, to be known as Billy's Law, to reduce out-of-state placements.
http://www.njleg.state.nj.us/2006/Bills/S2500/2490_R1.HTM
Title: S.B. 2490
Source: http://www.njleg.state.nj.us

+ Special Education--Federal Law/Regulations
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